Congressman Denny Rehberg (R-Mont.) offered an amendment during markup of the 2013 Energy and Water Appropriations Bill to prevent an unprecedented expansion of authority under the Clean Water Act (CWA). The amendment, which passed and therefore became part of the bill as it advances to the House of Representatives, prohibits the Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) from expanding its jurisdiction to include “non-navigable” waters.